Mayor's Office of Employee Assistance
Managing Family Leave
What Is the Family and
Medical Leave Act?
Passed in 1993 by U. S. Congress, the Family and Medical Leave Act (FMLA) guarantees eligible employees the right to take up to 12 weeks of unpaid family or
medical leave and return to their jobs. Employees may use the leave to care for:
- a newborn or newly adopted child.
- a child or parent with a serious health condition.
In addition, FMLA covers employees who are absent because of their own serious health conditions, including incapacitating illnesses, injuries, impairments or physical or mental conditions that require treatment
for more than three calendar days. Employees with prenatal complications or other conditions that would result in incapacity for more than three calendar days are also covered.
Who Must Comply?
Private sector employers with 50 or more employees who work within a 75-mile radius of the company must comply with FMLA. Public employers are also mandated to comply, regardless of the number of employees. Employers are not required to provide FMLA leave to key employees, such as those who
are among the top 10 percent of the highest-paid employees within a 75-mile radius.
Who’s Eligible for
FMLA Leave?
To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months (not necessarily consecutive)
and at least 1,250 hours during that period.
Leave Without Pay
Generally, FMLA leave is without pay. However, an employee may be able to use sick leave or accrued vacation time with approval during an FMLA leave. The employer is required to continue to pay its share of health insurance premiums during an
FMLA leave and to keep the employee’s group health insurance in force, even if it requires
advancing money for coverage.
Returning to Work
When an employee returns to work from an FMLA leave, he or she is entitled to the same position or a substantially similar position. The employee can’t lose any status, including pay, benefits, seniority or other employment rights, as a result of taking an FMLA leave. If the employee returns to work with a
condition that’s a recognized disability,
the employer may need to make a reasonable accommodation as required by the Americans
With Disabilities Act.
Employer’s Responsibilities
The burden falls on the employer to notify an employee of his or her right to take FMLA leave. Employers are responsible for determining whether an absence is covered by FMLA, regardless of whether an employee claims
the absence as such.
The employer may ask the
employee to provide enough information, including confirmation from a doctor, to verify that the leave request qualifies under
FMLA. However, information about an individual’s medical condition is considered
confidential.
Human resources departments generally handle the administrative details of FMLA leave, including leave request forms. If
an employee is unable to report to human resources, the employer has an obligation to
take or mail the necessary information
to the employee.